MATTER OF MAYO v. FISCHER

509713.

82 A.D.3d 1421 (2011)

918 N.Y.S.2d 676

In the Matter of WILSON MAYO, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 17, 2011.


Upon exiting the prison visiting room, petitioner, a prison inmate, was required to submit to a standard strip frisk. Following the frisk, the correction officer who performed it requested petitioner's identification and, as petitioner was handing it to him, he grabbed the officer's baton. The officer pulled back, after which petitioner struck him in the jaw with a clenched fist and was, thereafter, subdued. As a result, petitioner was charged in a misbehavior report with...

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